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Matter of Lawton v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Third Department
Jul 28, 1994
206 A.D.2d 813 (N.Y. App. Div. 1994)

Summary

holding that injuries an employee sustained when struck by a vehicle in employer's parking lot arose out of and in the course of employment, even though employee alleged that he arrived at the employer's premises one half hour before he normally would have arrived for his shift

Summary of this case from Smith v. State, Dept. of Labor Indus

Opinion

July 28, 1994

Appeal from the Workers' Compensation Board.


Claimant contends that the Workers' Compensation Board erred in finding that his injuries arose out of and in the course of his employment. The injury occurred in the employer's parking lot when claimant was walking toward an exit from the lot. He was struck by a vehicle operated by a fellow employee. According to claimant, he had arrived at the employer's premises one half hour before he normally would have arrived for his shift so that he could have lunch at a nearby restaurant before his shift began. Claimant testified that he was on his way to the restaurant when the accident occurred. Relying largely upon the fact that the accident occurred on the employer's premises in a parking lot which was reserved exclusively for employees, the Board concluded that the accident arose out of and in the course of employment.

A parking lot maintained by the employer constitutes precincts of employment (Matter of Ott v. Gem Elec. Mfg. Co., 44 A.D.2d 331, 332), and the course of employment encompasses a reasonable amount of time for the employee to enter his place of employment prior to the beginning of his shift (Matter of Rosen v. First Manhattan Bank, 202 A.D.2d 864; Matter of Torio v. Fisher Body Div. Gen. Motors Corp., 119 A.D.2d 955, 956; see, Matter of Grimaldi v. Shop Rite Big V, 90 A.D.2d 608). Claimant concedes that if he had been on his way to the site of his work, the accident would have occurred in the course of his employment. He contends, however, that he was engaged in a purely personal pursuit of going to a restaurant outside the employer's premises. As noted by the Board, however, claimant parked in a lot owned and maintained by claimant's employer exclusively for its employees. As a result, claimant was exposed to a risk not shared by the public generally (see, Matter of Husted v. Seneca Steel Serv., 41 N.Y.2d 140, 145).

That claimant may have been on a personal errand at the exact time of the accident is not determinative (see, Matter of Voight v. Rochester Prods. Div., GMC, 125 A.D.2d 799; see also, Matter of Jacobs v. Dellwood Foods, 130 A.D.2d 848, lv denied 70 N.Y.2d 608). Claimant's right to park in the lot arose exclusively as a result of his employment, not because he was a patron of the restaurant. It is also clear that claimant was not in the parking lot solely for the purpose of going to lunch, for he intended to begin work immediately after he was done with lunch. Thus, claimant's use of the employer's parking lot was twofold: for his own convenience while he went to lunch and for his employer's benefit so that he would not be late for work when he finished his lunch. In these circumstances, it was not irrational for the Board to conclude that claimant's accident arose out of and in the course of his employment.

Claimant contends that the evidence which suggests that the accident occurred about 10 minutes before the start of the shift, instead of the 40 or 45 minutes alleged by claimant, was not offered or admitted at the hearing. The Board, however, did not rely on that evidence, but instead concluded that the accident arose out of and in the course of claimant's employment regardless of whether it occurred as claimant alleged or at some later time. The Board's decision is affirmed.

Cardona, P.J., Crew III, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Lawton v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Third Department
Jul 28, 1994
206 A.D.2d 813 (N.Y. App. Div. 1994)

holding that injuries an employee sustained when struck by a vehicle in employer's parking lot arose out of and in the course of employment, even though employee alleged that he arrived at the employer's premises one half hour before he normally would have arrived for his shift

Summary of this case from Smith v. State, Dept. of Labor Indus
Case details for

Matter of Lawton v. Eastman Kodak Company

Case Details

Full title:In the Matter of the Claim of RICHARD F. LAWTON, Appellant, v. EASTMAN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 28, 1994

Citations

206 A.D.2d 813 (N.Y. App. Div. 1994)
616 N.Y.S.2d 412

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